United States Ninth Circuit

In an action seeking "appropriate equitable relief" under section 502(a)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1001, et seq., the district court's judgment is: 1) affirmed in part as to grant of summary judgment in favor of codefendant Nelson Langer Engle (NLE), dismissing it from the action ; and 2) reversed in part as to judgment in favor of defendant CGI and judgment that NLE deduct fees and costs from CGI's entitlement, where there is no indication that in fashioning "appropriate equitable relief" for CGI, the district court did more than interpret the plain terms of the reimbursement provision, and no indication that the district court considered traditional equitable principles in assigning responsibility to CGI for attorneys' fees and costs.

Appellate Information

• Decided 06/20/2012
• Published 06/20/2012

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel